Thank-you, Daniel for this helpful reply. Your 'diode' analogy was excellent.
Using the links provided by Samudra above, I was able to find some parts of ITAR that exempt Canada. Specifically, 126.5(b), which in turn has restrictions on *it* in the following passages. One of these restrictions is on "all spacecraft in category XV(a) except commercial satellites". This is a bit frustrating, since it seems likely that the regulation means by 'commercial satellites' 'satellites with no national security implications'; but for we amateurs, if we read the letter of the law, 'commercial' excludes us as an apparent side-effect.
I fully admit that I might have misunderstood the regulations, since they are, quite appropriately, written in a particular sub-dialect of legal language. Obviously any speculation on this list is no substitution for the professional opinion of a lawyer.
Finally, let me say that I really appreciate the board tackling this issue so directly. It must seem pretty tangential to the corp's larger project, and I know if I were in their shoes I'd find it rather frustrating work.
73, Bruce VE9QRP
On Mon, Oct 19, 2009 at 1:11 AM, Daniel Kekez va3kkz@amsat.org wrote:
Bruce Robertson wrote:
Given that AMSAT-NA is by definition a collaboration between amateurs on both sides of the US/Canada border, do we have a clear idea where ITAR stands with respect to Canadian collaborators? I know that in 1999 the previous exemption was revoked, but that in 2001 there were some changes again.
To the best of my knowledge, Canada holds no special status with regard to ITAR.
Consider ITAR to be a "goods and information diode": Canada can sell space technology to an American company and can provide information. However, the American company cannot describe their application in detail or send any information North of the border without a Technical Assistance Agreement in place between the particular organizations. And US export permits are needed to send space technology to Canada.
Furthermore, if a Canadian company wishes to use US technology on a Canadian satellite and then launch with foreign launcher, the country from which the launch takes place must also be specified (and approved) on the US Export Permit. The US State department must be satisfied that all precautions are being taken to protect the technology when it is in a foreign country.
Canada does have its own restrictions for space technology under the Controlled Goods Program legislated by the Defence Production Act. And export permits are needed when sending space technology outside of the country. The process, however, is far less onerous than ITAR. Details on the Canadian system can be found at http://www.ssi-iss.tpsgc-pwgsc.gc.ca/dmc-cgd/apropos-about/apercu-overview-e...
73, -Daniel, VA3KKZ